Rule 9.03 - Regulation of DiscoverySubd. 1.Investigations Not to be Impeded. Counsel for the parties and other prosecution or defense personnel must not tell anyone with relevant information (except the accused) not to discuss the case with opposing counsel, or not to show opposing counsel relevant material, or otherwise impede opposing counsel's investigation of the case. This rule does not apply to matters not subject to discovery under this rule or that are covered by a protective order.
Subd. 2.Timely Disclosure and Continuing Duty to Disclose.(a) All material and information to which a party is entitled must be disclosed in time to afford counsel the opportunity to make beneficial use of it.(b) If, after compliance with any discovery rules or orders, a party discovers additional material, information, or witnesses subject to disclosure, that party must promptly notify the other party of what it has discovered and disclose it.(c) Each party has a continuing duty of disclosure before and during trial.Subd. 3.Time, Place, and Manner of Discovery and Inspection. A court granting discovery must specify the time, place, and manner of discovery, and may impose reasonable terms and conditions.Subd. 4.Custody of Materials. Materials furnished to a party under discovery rules or orders must remain in the party's custody and be used by the party only to conduct that attorney's side of the case, and may be subject to other conditions the court orders.Subd. 5.Protective Orders. The court may order disclosures restricted, deferred, or made subject to other conditions.Subd. 6.In Camera Proceedings. On any party's motion, with notice to the other parties, the court for good cause may order a discovery motion to be made in camera. A record must be made. The entire record of the motion must be sealed and preserved in the court's records, and be available to reviewing courts. Any materials submitted to the court for in camera review must be submitted in accordance with Rule 14.06 of the General Rules of Practice for the District Courts.Subd. 7.Excision. When parts of materials are discoverable under these rules and other parts are not, the discoverable portions must be disclosed. Material excised under judicial order must be sealed and be made available to reviewing courts.Subd. 8.Sanctions. If a party fails to comply with a discovery rule or order, the court may, on notice and motion, order the party to permit the discovery, grant a continuance, or enter any order it deems just in the circumstances. Any person who willfully disobeys a court's discovery order may be held in contempt.Subd. 9.Filing. Unless the court directs otherwise, discovery disclosures made under Rule 9 are not subject to the filing requirements in Rule 33.04. The party making disclosures must prepare an itemized descriptive list identifying the disclosures but without disclosing their contents, and must file the list as provided by Rule 33.04.Subd. 10.Reproduction. When an obligation exists to permit reproduction of a report, statement, document, or other tangible thing discoverable under this rule, it may be satisfied by any method that provides an exact reproduction, including any electronic means available to both parties.Amended effective 10/1/2016.